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280848 WNITE - C�TV CIERK COUf1ClI ]�� PINK �- FINANCE ��. ��/�Q CANARV - DEPARTMENT GITY OF SAINT PAUL �V✓ jt� BLUE - MAVOR File NO. � � . ; Cou il e l tio � . Presented By � � i Referred To � � itt . Date Out of Committee By Date l[�ESOLVED, That the Council of the City of Saint Paul hereby approves the attached proposed Stipulation of Settlement in the case of Fowler, et al, v. Schwarzwalter, et al, and submits such Stipulation to the Plaintiffs in this action for their review and approval. COUNCILMEN Requested by Department of: Yeas Nays � Fletcher Galles In Favor Masanz Nicosia Scheibel � Against BY TedesCo Wilson Form prov d by Cit ttorney Adopted by Council: Date �'.E_� �' ��Q� . Certifie assed Council S �etary BY ^ gy, Appr by INavor: D t SEP 81983 Approved by Mayor for Submission to Council B BY PUBUSHED SEP 17 1983 . /M�.if�u�� UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVISION — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — James Fowler, Jr. , et. al. , Plaintiff s, -vs- STIPULATION OF SETTLEMENT Joshua Berry, et. al. , Civ. No. 3-72-265 Defendants, and Daniel R. Souder, et. al. Intervenors. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — INTRODUCTION Plaintiffs brought this lawsuit charging that defendants administered the written St. Paul Fire Fighters Test in June, 1981 knowing that the test discriminated against minority job applicants and that it was not validly related to the job of fire fighter. Specifically, plaintiffs alleged that defendants' actions not only violated plaintiffs ' Constitutional rights to equal employment opportunity but also violated the Order of this Court dated December 6, 1972 enjoining defendants from using any written examination for the position of fire fighter without validating it in accordance with the Equal Employment Opportunity Commission' s Uniform Guidelines on Employee Selection Procedures ' '��'�'l� (hereinafter EEOC Guidelines) . After discovery and negotiations, the parties have reached agreement on all the issues raised by this lawsuit. The parties, therefore, submit this Stipulation to the Court for its approval, and agree that a consent decree should be entered in accordance with the terms of this Stipulation. The parties to the above referenced action, through their undersigned attorneys, the Mayor, and the St. Paul City Council hereby agree and stipulate as follows: 1. PARTIES The parties agree that the "City of St. Paul" shall be substituted for the individuals named as defendants above. Defendants shall be referred to hereinafter in the alternative as the "City of St. Paul" or "City". 2. CLASS ACTION The parties agree that this action should be certified as a class action pursuant to Rule 23 ( b) ( 2) of the Federal Rules of Civil Procedure and that settlement was reached on the understanding that the named plaintiffs represent one class of people defined as follows: All those black, Hispanic, Indian and other minority persons who have made application or who will make application to the St. Paul Civil Service Commission for a position as a fire fighter with the St. Paul Fire Department and who have been or will be deemed eligible but who have been or will be denied employment by virtue of a written examination which has an adverse impact within the meaning of the EEOC Guidelines and which has not been validated in accordance with EEOC Guidelines. 2 � ��}�� 3. 1981 ST. PAUL FIRE FIGHTERS TEST The parties agree that, despite the slight modifications made in the June, 1981 examination, the written examination administered for the position of fire fighter in July, 1972 was the same examination as the one administered in June, 1981. This written examination shall be referred to hereinafter as the 1981 St. Paul Fire Fighters Test. The City of St. Paul agrees that the 1981 St. Paul Fire Fighters Test will not be administered at any time in the future as a selection device for the position of fire fighter unless it has been validated in accordance with EEOC Guidelines and unless a study of unfairness, pursuant to 29 C.F.R. Section 1607.14(B) ( 8) , has been conducted. The City agrees that in the event the 1981 St. Paul Fire Fighters Test is to be administered again, the City will obtain a prior Order from this Court, after notice to plaintiffs, finding that the test has been demonstrated to be valid according to EEOC guidelines. 4. FUTURE WRITTEN EXAMINATIONS The City of St. Paul agrees that any future written examinations aclministered for the position of fire fighter shall be valid in accordance with EEOC Guidelines, unless it is demonstrated in advance that the written examination has no adverse impact on minority applicants. The City agrees that plaintiffs ' counsel and the Advisory Committee described below in Paragraph 9 will be notified promptly of the City's intention to administer any written examination for the purpose of selecting fire fighters or any 3 � ' �� effort to validate a written examination for this purpose. Plaintiffs' counsel and the Advisory Committee also shall be provided copies of any such validation study. In the interest of the security of the examination, the written examination need not be shown to plaintiffs' counsel or the Advisory Committee. Subject to an appropriate Protective Order, the City further agrees that any written examination which the City proposes to administer shall be submitted, at the request of plaintiffs' counsel, to a testing expert chosen by plaintiffs' counsel for his or her review. The following language shall be added to the last paragraph of Section 4 of the proposed Stipulation of Settlement . "A testing expert is defined as a professional , qualified in accordance with generally accepted standards , to review and evaluate psychometric testing and written procedures for employment selection , and must have the necessary educational background and experience necessary to give an opinion on such subjects in a court of law. " 4 . - ��48 5. 1981 ELIGIBILITY LIST The parties agree that the eligibility list for the position of fire fighter resulting from the 1981 examination shall be extended until thirty-eight candidates have been certified and permanently appointed to the position of fire fighter pursuant to this Stipulation. After thirty-eight candidates have been permanently appointed, the 1981 eligibility list shall expire. 6. HIRING OF FIRE FIGHTERS The City agrees that overall hiring of fire fighters from the eligibility list created as a result of the 1981 examination should be in a ratio of approximately four white candidates hired for every one minority candidate hired. In order to achieve this result, the City agrees that for the next thirty-eight appointments of fire fighters, twelve qualified minority candidates and twenty-six qualified white candidates will be 5 �� permanently appointed. Subject to passing the medical examination, the demonstration school, and other standard entrance requirements, a qualified candidate is any candidate on the current eligibility list. The City further agrees to permanently appoint thirty-eight fire fighters from the current eligibility list. Fifteen candidates shall be certified and permanently appointed as soon as possible after the approval of this Stipulation by the Court. Thereafter the City has the option of hiring the remaini�g twenty-three candidates in either one or two groups referred to hereinafter as Group Two and Group Three. 7. HIRING OF MINORITY CANDIDATES The City agrees that of the first fifteen candidates permanently appointed pursuant to this Stipulation, eight shall be minority candidates. The four remaining minority candidates shall be among the second group (Group Two above) of fire fighters permanently appointed pursuant to this Stipulation. The City agrees that plaintiff Neil Cotton either will be certified in the order he appears on the eligibility list or will be the twelfth minority candidate certified for appointment according to this plan, whichever comes first. The City agrees that minority candidates will be hired in the order that they appear on the eligibility list, subject to the exception for plaintiff Neil Cotton referred to above, and subject to the background investigation, medical examination, and other standard entrance requirements. 6 . �r�3'�� 8. RECRUITMENT AND TUTORING Consistent with the City's goal of having a Fire Department composed of qualified persons whose race generally reflects the racial composition of St. Paul 's overall population, the City agrees that the St. Paul Personnel Office shall adopt and implement a program for affirmative action in the recruitment of minority job applicants and the tutoring of all applicants for future testing and selection of fire fighters. The City agrees that this program shall be adopted within ninety days of the date this Stipulation is approved by the Court. The City further agrees that a proposed recruitment and tutoring program will be submitted to plaintiffs ' counsel and to the Advisory Committee described below for their review and input prior to its final adoption by the Personnel Office. 9. ADVISORY COMMITTEE The City agrees to establish and utilize an Advisory Committee whose purpose shall be both to promote affirmative action in the recruitment of minority applicants and the tutoring of all applicants for the job of fire fighter as well as to monitor the implementation of the Personnel Office's recruitment and tutoring program. The Advisory Committee shall consist of the following members: one Black member active in the affairs of the Black Community to be appointed by plaintiffs ' counsel; one Hispanic member active in the affairs of the Hispanic Community to be appointed by plaintiffs ' counsel; one Indian member active in the 7 ��'� affairs of the Indian Community to be appointed by plaintiffs' counsel; one Asian member active in the affairs of the Asian Community to be appointed by plaintiffs ' counsel; two fire fighters, one to be appointed by the head of the Fire Department and one to be appointed by the President of St. Paul Fire Fighters Local 21; two City Council members to be appointed by the President of the City Council; one member of the Civil Service Commission to be appointed by the Civil Service Commission; one member from the Human Rights Commission to be appointed by the Human Rights Commission; and the Mayor of St. Paul. The members of the Advisory Committee shall be appointed within thirty days of the date this Stipulation is approved by the Court. The Advisory Committee shall select its own chair and shall adopt its own governing rules. The Advisory Committee shall meet as often as is necessary to accomplish its purpose, but shall meet at least once a month for the six months prior to the City's administration of any test or other selection device for the purpose of selecting fire fighters. 10. SEMI-AAINUAL REPORTING Up until the City's administration of the next test or other selection device for the selection of fire fighters, the City shall submit semi-annual reports to plaintiffs ' counsel and to the Advisory Committee documenting the implementation of this Stipulation. 8 �� 11. DAMAGES FOR VIOLATION OF CONSTITUTIONAL RIGHTS In the event that any one of the named plaintiffs is permanently appointed to the position of fire fighter, he agrees to waive his claim for compensatory damages for the violation of his Constitutional rights. 12. ATTORNEYS' FEES The Parties agree that negotiations on attorneys'fees and costs will occur after this Stipulation has been signed and adopted by the St. Paul City Council and the Mayor of St. Paul. 13. ADMISSION The parties agree that this Stipulation is made for purposes of settling the above entitled action and is not intended to and should not in any way be considered as an admission by any party relative to the claims or defenses which are the subject of this action. Dated this day of , 1983 SOUTHERN MINNESOTA REGIONAL OFFICE OF THE MAYOR LEGAL SERVICES, INC. CITY OF ST. PAUL By KATHERINE G. HADLEY OR E LATIMER, MAYOR ST. PAUL CITY COUNCIL By BRUCE A. BENERE By ATTORNEYS FOR PLAINTIFF COTTON VICTOR TEDESCO, PRESIDENT AND THE CLASS 60 E. Fourth Street St. Paul, MN 55101 (612) 222-5863 9 ' ��J`�� KAMPF, OREY, LANDSMAN OFFICE OF THE CITY ATTORNEY & SEESEL, P.A. EDWARD R. STARR, CITY ATTORNEY By DOLORES C. OREY By TERRY P. SULLIVAN ATTORNEYS FOR PLAII�ITIFFS RAMOS, MARTINEZ AND THE CLASS ATTORNEYS FOR DEFENDANTS 1320 North Central Life Tower 647 City Hall Town Square St. Paul, MN 55102 St. Paul, MN 55101 (612) 298-5121 (612) 291-8129 10 � 2��'.�� UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVI SION — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — James Fowler, Jr. , et. al. , Plaintiffs, -vs- STIPULATION OF SETTLEMENT Joshua Berry, et. al. , Civ. No. 3-72-265 Defendants, and Daniel R. Souder, et. al. Intervenors. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — INTRODUCTION Plaintiffs brought this lawsuit charging that defendants administered the written St. Paul Fire Fighters Test in June, 1981 knowing that the test discriminated against minority job applicants and that it was not validly related to the job of fire fighter. Specifically, plaintiffs alleged that defendants' actions not only violated plaintiffs ' Constitutional rights to equal employment opportunity but also violated the Order of this Court dated December 6, 1972 enjoining defendants from using any written examination for the position of fire fighter without validating it in accordance with the Equal Employment Opgortunity � Commission ' s Uniform Guidelines on Employee Selection Procedures • ��Y (hereinafter EEOC Guidelines) . After discovery and negotiations, the parties have reached agreement on all the issues raised by this lawsuit. The parties, therefore, submit this Stipulation to the Court for its approval, and agree that a consent decree should be entered in accordance with the terms of this Stipulation. The parties to the above referenced action, through their undersigned attorneys, the Mayor, and the St. Paul City Council hereby agree and stipulate as follows: 1. PARTIES The parties agree that the "City of St. Paul" shall be substituted for the individuals named as defendants above. Defendants shall be referred to hereinafter in the alternative as the "City of St. Paul" Or "Clty" . 2. CLASS ACTION The parties agree that this action should be certified as a class action pursuant to Rule 23 ( b) ( 2) of the Federal Rules of Civil Procedure and that settlement was reached on the understanding that the named plaintiffs represent one class of people defined as follows: All those black, Hispanic, Indian and other minority persons who have made application or who will make application to the St. Paul Civil � Service Commission.�or_a_po.sition as a fire fighter with the St. Paul Fire Department and who have been or will be deemed eligible but who have been or will be denied employment by virtue of a written examination which has an adverse impact within the meaning of the EEOC Guidelines and which has not been validated in accordance ' with EEOC Guidelines. 2 � �`.3�� 3. 1981 ST. PAUL FIRE FIGHTERS TEST The parties agree that, despite the slight modifications made in the June, 1981 examination, the written examination administered for the position of fire fighter in July, 1972 was the same examination as the one administered in June, 1981. This written examination shall be referred to hereinafter as the 1981 St. Paul Fire Fighters Test. The City of St. Paul agrees that the 1981 St. Paul Fire Fighters Test will not be administered at any time in the future as a selection device for the position of fire fighter unless it has been validated in accordance with EEOC Guidelines and unless a study of unfairness, pursuant to 29 C.F.R. Section 1607. 14(B) ( 8) , has been conducted. The City agrees that in the event the 1981 St. Paul Fire Fighters Test is to be administered again, the City will obtain a prior Order from this Court, after notice to plaintiffs, finding that the test has been demonstrated to be valid according to EEOC guidelines. 4. FUTURE WRITTEN EXAMINATIONS The City of St. Paul agrees that any future written examinations administered for the position of fire fighter shall be valid in accordance with EEOC Guidelines, unless it is demonstrated in advance that the written examination has no . adverse impact on minority applicants. The City agrees that plaintiffs ' counsel and the Advisory Committee described below in Paragraph 9 will be notified promptly of the City's intention to administer any written examination for the purpose of selecting fire fighters or any 3 � . ��j�� ' effort to validate a written examination for this purpose. Plaintiffs' counsel and the Advisory Committee also shall be provided copies of any such validation study. In the interest of the security of the examination, the written examination need not be shown to plaintiffs ' counsel or the Advisory Committee. Subject to an appropriate Protective Order, the City further agrees that any written examination which the City proposes to administer shall be submitted, at the request of plaintiffs' counsel, to a testing expert chosen by plaintiffs' counsel for his or her review. The following language shall be added to the last paragraph of Section 4 of the proposed Stipulation of Settlement . "A testing expert is defined as a professional , qualified in accordance with generally accepted standards , to review and evaluate psychometric testing and written procedures for employment selection , and must have the necessary educational background and experience necessary to give an opinion on such subjects in a court of law . " 4 . ?��'848 5. 1981 ELIGIBILITY LIST The parties agree that the eligibility list for the position of fire fighter resulting from the 1981 examination shall be extended until thirty-eight candidates have been certified and permanently appointed to the position of fire fighter pursuant to this Stipulation. After thirty-eight candidates have been permanently appointed, the 1981 eligibility list shall expire. 6. HIRING OF FIRE FIGHTERS The City agrees that overall hiring af fire fighters from the eligibility list created as a result of the 1981 examination should be in a ratio of approximately f our white candidates hired for every one minority candidate hired. In order to achieve this result, the City agrees that for the next thirty-eight appointments of fire fighters, twelve qualified minority candidates and twenty-six qualified white candidates will be 5 ��.�� j�� permanently appointed. Subject to passing the medical examination, the demonstration school, and other standard entrance requirements, a qualified candidate is any. candidate on the current eligibility list. The City further agrees to permanently appoint thirty-eight fire fighters from the current eligibility list. Fifteen candidates shall be certified and permanently appointed as soon as possible after the approval of this Stipulation by the Court. Thereafter the City has the option of hiring the remaini�g twenty-three candidates in either one or two groups referred to hereinafter as Group Two and Group Three. 7. HIRING OF MINORITY CANDIDATES The City agrees that of the first fifteen candidates permanently appointed pursuant to this Stipulation, eight shall be minority candidates. The four remaining minority candidates shall be among the second group (Group Two above) of fire fighters permanently appointed pursuant to this Stipulation. The City agrees that plaintiff Neil Cotton either will be certified in the order he appears on the eligibility list or will be the twelfth minority candidate certified for appointment according to this plan, whichever comes first. The City agrees that minority candidates will be hired in ythe order that they appear on the eligibility list, subject to the exception for plaintiff Neil Cotton referred to above, and subject to the background investigation, medical examination, and � other standard entrance requirements. 6 ^ �V��1� S. RECRUITMENT AND TUTORING Consistent with the City 's goal of having a Fire Department composed of qualified persons whose race generally reflects the racial composition of St. Paul 's overall population, the City agrees that the St. Pau1 Personnel Office shall adopt and implement a program for affirmative action in the recruitment of minority job applicants and the tutoring of all applicants for future testing and selection of fire fighters. The City agrees that this program shall be adopted within ninety days of the date this Stipulation is approved by the Court. The City further agrees that a proposed recruitment and tutoring program will be submitted to plaintiffs ' counsel and to the Advisory Committee described below for their review and input prior to its final adoption by the Personnel Office. 9. ADVISORY COMMITTEE The City agrees to establish and utilize an Advisory Committee whose purpose shall be both to promote affirmative action in the recruitment of minority applicants and the tutoring of all applicants for the job of fire fighter as well as to monitor the implementation of the Personnel Office' s recruitment and tutoring program. The Advisory Committee shall consist of the following , members: one Black member active in the affairs of the Black Community to be appointed by plaintiffs ' counsel; one Hispanic member active in the affairs of the Hispanic Community to be ' appointed by plaintiffs ' counsel; one Indian member active in the 7 - .. �.�� affairs of the Indian Community to be appointed by plaintiffs ' counsel; one Asian member active in the affairs of the Asian Community to be appointed by plaintiffs ' counsel; two fire fighters, one to be appointed by the head of the Fire Department and one to be appointed by the President of St. Paul Fire Fighters Local 21; two City Council members to be appointed by the President of the City Council; one member of the Civil Service Commission to be appointed by the Civil Service Commission; one member from the Human Rights Commission to be appointed by the Human Rights Commission; and the Mayor of St. Paul. The members of the Advisory Committee shall be appointed within thirty days of the date this Stipulation is approved by the Court. The Advisory Committee shall select its own chair and shall adopt its own governing rules. The Advisory Committee shall meet as often as is necessary to accomplish its purpose, but shall meet at least once a month for the six months prior to the City' s administration of any test or other selection device for the purpose of selecting fire fighters. 10 . SEMI-ANNUAL REPORTING Up until the City 's administration of the next test or other selection device for the selection of fire fighters, the ` City shall submit semi-annual reports to plaintiffs ' counsel and to the Advisory Committee documenting the implementation of this Stipulation. 8 �� 11. DAMAGES FOR VIOLATION OF CONSTITUTIONAL RIGHTS In the event that any one of the named plaintiffs is permanently appointed to the position of fire fight�r, he agrees to waive his claim for compensatory damages for the violation of his Constitutional rights. 12. ATTORNEYS' FEES The Parties agree that negotiations on attorneys' fees and costs will occur after this Stipulation has been signed and adopted by the St. Paul City Council and the Mayor of St. Paul. 13. ADMISSION The parties agree that this Stipulation is made for purposes of settling the above entitled action and is not intended to and should not in any way be considered as an admission by any party relative to the claims or defenses which are the subject of this action. Dated this day of , 1983 SOUTHERN MINNESOTA REGIONAL OFFICE OF THE MAYOR LEGAL SERVICES, ZNC. CITY OF ST. PAUL By KATHERINE G. HADLEY GEORGE LATIMER, MAYOR ST. PAUL CITY COUNCIL By • BRUCE A. BENERE By ATTORNEYS FOR PLAINTIFF COTTON VICTOR TEDESCO, PRESIDENT AND THE CLASS 60 F. Fourth Street , St. Paul, MN 55101 ' (612) 222-5863 9 - ��; '}-•�� • KAMPF, OREY, LANDSMAN OFFICE OF THE CITY ATTORNEY & SEESEL, P.A. EDWARD R. STARR, CITY B ATTORNEY Y DOLORES C. OREY gy TERRY P. SULLIVAN ATTORNEYS FOR PLAINTIFFS RAMOS, MARTINEZ AND THE CLASS ATTORNEYS FOR DEFENDANTS 1320 North Central Life Tower 647 City Hall Town Square St. Paul, MN 55102 St. Paul, MN 55101 (612) 298-5121 (612) 291-8129 10